A. Originally any unlawful act would be enough for constructive manslaughter even if it was only against civil law (Fenton)

B. However, it was later established that only offences against criminal law would be enough (Franklin)

All elements 3 the unlawful act must be present. If there is no unlawful act, there can be no conviction for constructive manslaughter (Lamb)

must be an unlawful act NOT an Omission (Lowe)

The unlawful act does not need to be directed at the victim (Mitchell)

CHURCH TEST The unlawful act must be dangerous

The unlawful act must be dangerous, however, dangerous is not given its ordinary and natural meaning.

The specific meaning of dangerous was given by Edmund Davies LJ in Church (The Church test)

The "sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of SOME harm"

an objective test

Watson - His conviction was squashed as it could not be established that the break in was the cause of the heart attack.

Watson - However, the Court of Appeal held that a sober and reasonable person would regard the act of the appellant as dangerous as they would have known of the age and frail condition of the victim.

The unlawful dangerous act must cause death

Cato - Self Administration

The question arises as to whether those who supply such drugs can be liable for manslaughter - s.3 offences against the person act 1861 -The defendant is liable for manslaughter although the victim consented to the injection

Rodgers - that the unlawful act was his assisting in the administration of the drug and thus amounted to an offence under s.23.

Actual Law on self Administration - on appeal to the Lords, the House affirmed the decision in R v Dias (not a crime to inject yourself) and held that it is never appropriate to convict a person of constructive manslaughter, where he supplies a class A drug to a fully informed and responsible adult who then freely and voluntarily self administers the drug.

nsequently it need only be established that the defendant had the mens rea of the unlawful act committed. There is no requirement that the of mens rea in relation to the ensuing death.

case list

where the defendant commits an unlawful act resulting in the death of the victim but lacks the MR for murder but has MR for the unlawful act